PLANNING DECISION NOTICE

To: Severn Trent Water Ltd C/o Savills UK Ltd Ground Floor City Point 29 King Street Leeds LS1 2HL

THIS NOTICE RELATES TO PLANNING CONTROL ONLY, ANY OTHER STATUTORY CONSENT MUST BE OBTAINED FROM THE APPROPRIATE AUTHORITY

TOWN & COUNTRY PLANNING ACTS & GENERAL DEVELOPMENT ORDER

In pursuance of the powers vested in the Peak District National Park Authority under the above Acts and Order, and with reference to your application for Section 73, details of which are as follows:

Office Code No. NP/HPK/0114/0051 Date received: 20 January 2014 Proposal: Section 73 application for the variation of conditions 1 and 3 from application NP/HPK/1012/1029 Location: Ashop Weir Snake Road Hope Woodlands Parish: Hope Woodlands

THE DECISION

NOTICE IS HEREBY GIVEN THAT PERMISSION FOR THE PROPOSED DEVELOPMENT in the manner described on the application and shown on the accompanying plans and drawings is

GRANTED subject to the following conditions:

1 The development hereby permitted shall be for a temporary period ending 31 August 2014. 2 The development hereby permitted shall not be carried out otherwise than in complete accordance with the submitted plans, subject to the following conditions or modifications: 3 On or before 31 August 2014, the lay-by shall be returned to its original condition by:

Continued over

Signed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date 28 February 2014

Attention is called to the notes at the end of this Decision Notice i. Reinstating the land to its original condition and profile ii. Reseeding the site area, with an appropriate grass seed iii. Reinstating the fencing to match the existing iv. Planting a native hedge species (alongside the reinstated fencing) to match the existing

Reasons for Conditions:

1. For clarity and for the avoidance of doubt.

2-3. To ensure that the development shall be in keeping with the established character of the area and the National Park.

Footnotes

1. The Authority’s Officers have assessed the proposal against Development Plan policies and other material considerations and consider that the development complies with adopted policies and follows guidance in the National Planning Policy Framework.

2. The National Park Authority advise that the applicants liaise with the Highway Authority (DCC), to consider the improvement and use of the existing access from the Brinks Bridleway onto the A57 (to the east of this temporary access and lay-by) for any future works involving land in their ownership.

3. Prior to the use of the lay-by for the desilting works, the applicant shall be responsible for the placement and maintenance of warning signs for the access lay-by, to the satisfaction of the Highway Authority (DCC) Maintenance Section (contact Mr John Hambrook mob: 0790 151 7862).

Note: Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the development plan, unless material considerations indicate otherwise. Section 38(3) of the Act also provides that the development plan consists of saved Local Plan policies and the adopted Core Strategy.

NPPF

Core Strategy Policies, GSP1, 2, 3, L1, L2

Relevant Local Plan policies, LC4, LC17 STATEMENT OF APPLICANT’S RIGHTS ARISING FROM THE REFUSAL OF PLANNING PERMISSION OR FROM THE GRANT OF PERMISSION SUBJECT TO CONDITIONS

Please note, only the applicant possesses the right of appeal. You must use a Planning Appeal Form/Householder Appeal Form

- If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990.

- If you want appeal against your local planning authority’s decision then you must do so within 6 months of the date of this notice.

- Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online at www.planningportal.gov.uk/pcs.

- The Secretary of State can allow a longer period for giving notice of an appeal, but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.

- The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.

- In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based its decision on a direction given by him.

Purchase Notices

- If either the local planning authority or the Secretary of State for Communities and Local Government refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.

- In these circumstances, the owner may serve a purchase notice on the Council (District Council, London Borough Council or Common Council of the City of London) or, where the land is situated in a National Park, the National Park Authority for that Park in whose area the land is situated. This notice will require the Council or Authority to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990. To The Applicant

Dear Sir or Madam

Please find attached a copy of the approval notice for the development outlined below. If the approval is subject to conditions and/or footnotes please ensure that these are fully complied with. It is particularly important that you comply with any conditions which require details to be submitted and agreed, or some other action to be taken, before work commences. Failure to do so could result in any work carried out being unlawful. If you are employing a builder or other contractor to carry out the work you should ensure that he has a copy of the approval notice and approved plans before starting work. If you wish to amend the approved plans in any way, you must first agree this with us. **Failure to comply with the conditions and/or the approved plans could result in abortive work and possible enforcement action.**

Please return the first tear-off section at the bottom of this letter before work commences and the second tear-off section once the work has been completed. Two pre-paid labels are enclosed for your use.

Yours faithfully

John Scott Director of Planning

To Peak District National Park Authority, Aldern House, Baslow Road, Bakewell, Derbyshire DE45 1AE

**APPLICATION No:** NP/HPK/0114/0051

**Site Address:** Ashop Weir Snake Road Hope Woodlands

**Development:** Section 73 application for the variation of conditions 1 and 3 from application NP/HPK/1012/1029

The above development was **completed** on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signed: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name (in block capitals): \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

To Peak District National Park Authority, Aldern House, Baslow Road, Bakewell, Derbyshire DE45 1AE

**APPLICATION No:** NP/HPK/0114/0051

**Site Address:** Ashop Weir Snake Road Hope Woodlands

**Development:** Section 73 application for the variation of conditions 1 and 3 from application NP/HPK/1012/1029

The above development **commenced** on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signed: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name (in block capitals): \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_